4814127 Behavioral Health, Department of - Notice of Second Emergency & Proposed Rulemaking - To amend proof of District residency requirements for substance abuse treatments
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DEPARTMENT OF BEHAVIORAL HEALTH
NOTICE OF SECOND EMERGENCY AND PROPOSED RULEMAKING
The Director of the Department of Behavioral Health (“the Department”), pursuant to the authority set forth in Sections 5113, 5115, 5117 and 5118 of the “Fiscal Year 2014 Budget Support Act of 2013”, effective December 24, 2013 (D.C. Law 20-0061; 60 DCR 12472 (September 6, 2013)), hereby gives notice of the adoption of the following amendments to Subsection 2405.1 of Chapter 24 (Choice in Drug Treatment) of Title 29 (Public Welfare) of the District of Columbia Municipal Regulations (DCMR), on an emergency basis.
The Acting Director of the Department of Health adopted the emergency rule on August 15, 2013 and published it in the D.C. Register on August 23, 2013 at 60 DCR 12234. Since that time, the Department of Health Addiction Prevention and Recovery Administration merged with the Department of Mental Health into the new Department of Behavioral Health. Emergency action is necessary by the Department of Behavioral Health to immediately preserve public health, safety, and welfare by expanding the acceptable proofs of residency for substance abuse treatment in harmony with acceptable proofs of residency for other behavioral health programs. The emergency and proposed rules would amend the proof of residency requirements for participation in the Choice in Drug Treatment Program to harmonize residency requirements for substance abuse treatment with other behavioral health programs.
This second emergency rulemaking was adopted by the Director of the Department of Behavioral Health on March 18, 2014 and it became effective on that date. The emergency rules shall remain in effect for one hundred and twenty (120) days or until July 17, 2014 unless superseded by publication of a Notice of Final Rulemaking in the D.C. Register.
The Director also gives notice of the intent to take final rulemaking action to adopt these proposed rules in not less than thirty (30) days after the date of publication of this notice in the D.C. Register.
Subsection 2405.1(a) of Chapter 24 (Choice in Drug Treatment), Title 29 (Public Welfare) of the DCMR is amended to read as follows:
(a) The applicant shall provide proof of District residency by presenting one (1) of the following:
(1) A valid motor vehicle operator’s permit issued by the District;
(2) A non-driver identification card issued by the District;
(3) A voter registration card with an address in the District;
(4) A copy of a lease or a rent receipt for real property located in the District;
(5) A water, gas, or electric bill in the applicant’s name for real property located in the District;
(6) A letter from a D.C. homeless shelter verifying that the shelter is a place of residence for an individual with the intent to remain in the District;
(7) A letter from a nonprofit agency verifying D.C. residency;
(8) Confirmation of District Medicaid eligibility;
(9) For applicant’s under the age of 18, verification from a custodial parent or legal guardian who resides in the District that the applicant is a District resident; or
(10) Written verification by Child and Family Services Administration, Division of Youth Rehabilitation Services or Court Social Services that the applicant is in their care or custody.
All persons desiring to comment on the subject matter of this proposed rulemaking should file comments in writing not later than thirty (30) days after the date of publication of this notice in the D.C. Register. Comments should be filed with Matthew Caspari, Department of Behavioral Health, 64 New York Avenue, N.E., Third Floor, Washington, D.C. 20002, or at Matthew.Caspari@dc.gov. Copies of the proposed rules may be obtained Monday through Friday, except holidays, between the hours of 8:45 A.M. and 4:45 P.M. at the same address. Questions concerning the rulemaking should be directed to Matthew Caspari, DBH General Counsel, at Matthew.Caspari@dc.gov or (202) 673-7505.
